Virginia DMV Reckless Driving

VIRGINIA LAWYERS – RECKLESS DRIVING DEFENSE – HELPING CLIENTS AVOID DMV POINTS

In Virginia, a reckless driving conviction will result in six DMV demerit points on your license. It is important to try and avoid getting DMV demerit points on your driving record. Most car insurance companies look at the number of points (negative points) on your DMV record to determine what to charge you as insurance premium.

Virginia DMV Reckless Driving
Virginia DMV Reckless Driving

The Law Offices of SRIS, P.C. realize that most of our clients are very averse to getting DMV points on their driving record. Also, the firm realizes that most clients want a Virginia reckless driving defense attorney who is familiar with the courts in the jurisdiction that the client has received the Virginia reckless driving ticket in. To ensure that our Virginia reckless driving lawyers are familiar with the particular court, we have Virginia reckless driving attorneys who regularly practice before the Virginia courts of a particular region.

We have six client meeting locations throughout Virginia to better serve you.

  • In Northern Virginia, we have client meeting locations in Fairfax & Manassas.
  • In Central Virginia, we have client meeting locations in Fredericksburg & Richmond.
  • In the Hampton Roads/Tidewater area, we have a client meeting location in Virginia Beach.
  • In Western Virginia, we have a client meeting location in Lynchburg.

Please be advised that in addition to receiving six DMV points on your license, you may lose your liberty (actual jail time), your privilege to drive in Virginia and a very high fine if convicted of a reckless driving ticket in Virginia. Do not take a chance with your liberty or license. Call us today. You can reach our office via our toll free number: 888-437-7747, email us or complete our fast on line form.

The list below shows how long the following reckless driving convictions will stay on your DMV record in Virginia.

  • Reckless Driving (Felony or Misdemeanor)
  • speeding in excess of 80 mph (11 years)
  • speeding 20 mph or more above the posted speed limit (11 years)
  • racing (11 years)
  • passing or overtaking an emergency vehicle (11 years)
  • passing a school bus (11 years)
  • passing on the crest of a hill (11 years)
  • passing at a railroad crossing (11 years)
  • passing two vehicles abreast (11 years)
  • driving two vehicles abreast (11 years)
  • driving too fast for conditions (11 years)
  • failing to give a proper signal (11 years)
  • faulty brakes/improper control (11 years)
  • Driving recklessly on parking lots, etc. (11 years)
  • Driving with an obstructed view (11 years)
  • Reckless driving – generally (11 years)
  • Speeding 20 mph or more above the posted speed limit (5 years)

A question the attorneys of SRIS, P.C. get routinely asked in Virginia is who decides how many points I get for a reckless driving charge?

We tell all of our clients that the judge has no direct control over the number of points you receive on your driving record if you are convicted of a reckless driving charge in Virginia. The Virginia Division of Motor Vehicles (DMV) is the agency that places points on a person’s driving record for Virginia reckless driving conviction. There following are a couple of ways to avoid points for a Virginia reckless driving charge:

Take the matter to trial and have the judge dismiss the case or find you guilty of a lesser traffic offense.

Plea bargain with the prosecutor and ask that the reckless driving ticket be amended to a lesser traffic violation.

Plead guilty and explain to the court why you were recklessly and hope that the judge takes pity on you and lowers the reckless driving ticket to a lower point offense.

Again, the Virginia lawyers of SRIS, P.C. strongly recommend any client who is charged with a reckless driving ticket in Virginia to go to Court with a Virginia lawyer who is extremely experienced in handling Virginia reckless driving violations.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Child Pornography Possession 18.2-374.1:1 Felony VA Lawyers

Virginia Code 18.2-374.1:1 Possession Child Pornography

Possession of child pornography is a very serious charge in Virginia. It is a felony in Virginia and it will result in you having to register on the sex offender registry for the rest of your life. If you have been charged with violating Virginia Code 18.2-374.1:1, do not compromise on the quality of the Virginia attorney you hire to defend you.

Virginia Child Pornography Possession
Virginia Child Pornography Possession

The SRIS Law Group Virginia attorneys who defend clients charged with possession of child pornography in Virginia or distribution of child pornography in Virginia are very experienced at defending clients charged with violating Virginia Code Section 18.2-374.1:1.

Contact us at 888-437-7747.

Some of our Virginia lawyers have been on national newspapers & TV for defending clients charged with sex crimes such as possession of child pornography.

VA Code Section § 18.2-374.1:1. Possession of child pornography; penalty.

A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.

B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.

C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.

D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.

Client meeting locations in Fairfax, Manassas, Richmond, Lynchburg, Loudoun & Virginia Beach.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Trespass Defense Lawyer Peeping Dwelling Crime Criminal Attorney Fairfax Beach

DEFENDING VIRGINIA TRESPASSING CASES

In Virginia, if any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, then the person has committed an illegal act. This is a serious offense that carries life changing consequences. The Virginia law offices of SRIS, P.C. have a number of Virginia defense lawyers who defend trespass cases from its client meeting locations in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond, Virginia Beach, Virginia. For more information or to make an appointment with SRIS, P.C., please call 888-437-7747

Virginia Trespass Defense Lawyer
Virginia Trespass Defense Lawyer

A trespass offense is generally charged as a class 1 misdemeanor.

The following are some of the different types of trespass charges one could face in the Commonwealth of Virginia:

Trespass after having been forbidden to do so; penalties

  • Validity of signs forbidding trespass; penalty
  • Entering property of another for purpose of damaging it, etc.
  • Trespass upon church or school property
  • Peeping or spying into dwelling or enclosure

§ 18.2-119. Trespass after having been forbidden to do so; penalties

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1- 253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

§ 18.2-119.1. Validity of signs forbidding trespass; penalty

If any person knowingly and intentionally posts No Trespassing signs on the land of another without the permission of a person authorized to post such signs on that land, he shall be guilty of a Class 3 misdemeanor.

§ 18.2-121. Entering property of another for purpose of damaging it, etc.

It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.

Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race, religious conviction, color or national origin of the owner, user or occupant of the property, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

§ 18.2-128. Trespass upon church or school property

A. Any person who, without the consent of some person authorized to give such consent, goes or enters upon, in the nighttime, the premises or property of any church or upon any school property for any purpose other than to attend a meeting or service held or conducted in such church or school property, shall be guilty of a Class 3 misdemeanor.

B. It shall be unlawful for any person, whether or not a church member or student, to enter upon or remain upon any church or school property in violation of (i) any direction to vacate the property by a person authorized to give such direction or (ii) any posted notice which contains such information, posted at a place where it reasonably may be seen. Each time such person enters upon or remains on the posted premises or after such direction that person refuses to vacate such property, it shall constitute a separate offense.

A violation of this subsection shall be punishable as a Class 1 misdemeanor, except that any person, other than a parent, who violates this subsection on school property with the intent to abduct a student shall be guilty of a Class 6 felony.

C. For purposes of this section: (i) “school property” includes a school bus as defined in § 46.2-100 and (ii) “church” means any place of worship and includes any educational building or community center owned or leased by a church.

§ 18.2-130. Peeping or spying into dwelling or enclosure

A. It shall be unlawful for any person to enter upon the property of another and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant’s reasonable expectation of privacy.

B. It shall be unlawful for any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or female breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy.

C. The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail.

Our Virginia Trespass defense attorneys and staff speak various languages, including English, Tamil, Spanish, Hindi, Cantonese, Mandarin, and Telugu.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia First Offense DUI Time CDL Driving Under Influence

VIRGINIA DWI / DUI DEFENSE ATTORNEYS

Virginia lawyers of SRIS, P.C. defend DUI & DWI (drunk driving) law.

SRIS, P.C. has a number of Virginia attorneys who defend DUI & DWI Cases from its client meeting locations in Fairfax, Lynchburg, Manassas, Fredericksburg, Richmond & Virginia Beach, Virginia. The firm’s Virginia attorneys represent clients who are charged with Virginia DUI (Driving under the influence), Virginia DWI (Driving while impaired) offenses. (See also VA Code 18.2-266 ). It is important to retain a Virginia lawyer if you are charged with a Virginia DUI. In addition to fines, your driver’s license may be revoked or suspended in the state of Virginia. Also, depending on your BAC, you may face mandatory jail time in Virginia if convicted of a Virginia DUI or Virginia DWI. If you wish to consult a SRIS, P.C. Virginia attorney regarding your DUI in Virginia, please call us at 888-437-7747. A Virginia lawyer of SRIS, P.C. will gladly consult with you regarding your Virginia DUI.

Virginia First Offense DUI
Virginia First Offense DUI

A conviction of Virginia DUI charges or Virginia moving violation may also cause your insurance company to increase your rates to an unmanageable level.

We hope this information will provide you greater guidance in your quest for information and defense of Virginia DUI violations.

Virginia DUI/DWI Commonly Asked Questions.

The following are some of the questions; the clients of SRIS, P.C. ask us when they have been charged with a Virginia DUI/DWI offense.

  • This is my first DUI charge in Virginia. What is the law in Virginia regarding a first offense DUI?
  • Is there anything else that is going to happen to me if I get convicted of a DUI in Virginia for the first time?
  • Will I lose my license if I am convicted of 1st offense DUI in Virginia?
  • I blew a .08 at the police station. What does this mean in Virginia?
  • Is the law tougher on those who have a BAC higher than a .08 in Virginia?
  • Is there any good news regarding the revocation of my license in Virginia for a DUI/DWI? How am I going to get to work in Virginia?
  • What can I do with a restricted license in Virginia?
  • What does the implied consent test mean in Virginia?
  • If I am under the age 21, can I still be charged and convicted of a DUI in Virginia, even if my BAC was not a .08?
  • I have a CDL and I operate a commercial vehicle. Are the laws different for those who have a CDL in Virginia?
  • What will a conviction for a Virginia DUI/DWI do to my automobile insurance rates?
  • What if I am convicted of DUI/DWI related injury in Virginia?
  • Why do I need a SRIS, P.C. Virginia DUI – DWI lawyer or Virginia traffic lawyer?

This is my first DUI charge in Virginia. What is the law in Virginia regarding a first offense DUI? (top)

A conviction for a DUI/DWI offense in Virginia is a class 1 misdemeanor.

What is a class one misdemeanor mean?

A class 1 misdemeanor in Virginia is punishable by up to one year in jail and/or up to $2500 in fines.

Is there anything else that is going to happen to me if I get convicted of a DUI in Virginia for the first time?

Like most states, Virginia requires all individuals who have been convicted of a DUI to enter in and successfully complete an Alcohol Safety Action Program (Commonly referred to as ASAP.

Will I lose my license if I am convicted of 1st offense DUI in Virginia?

Yes, if you have been convicted of a first offense DUI in Virginia, then the law requires that you license to drive in Virginia be revoked for a period of one year.

I blew a .08 BAC at the police station. What does this mean in Virginia?

In Virginia, if you blow into the Intoxilyzer 5000 and your blood alcohol content (BAC) is a .08 or higher, the presumption is that you are DUI/DWI. If your BAC is .08 or higher, you automatically have your license suspended for seven days. Please keep in mind that this is separate and apart from the 1 year loss of your license to drive in Virginia for one year. However, it the Commonwealth of Virginia’s burden to prove that if you are charged with refusal in Virginia, that your refusal was unreasonable.

Is the law tougher on those who have a BAC higher than a .08 in Virginia?

A BAC of .15 or higher does have mandatory penalties even for first time DUI/DWI offenders in Virginia. Please see the chart to see a comprehensive list of penalties for those who are convicted of have a BAC of .15 or higher in Virginia.

Is there any good news regarding the revocation of my license in Virginia for a DUI/DWI? How am I going to get to work?

The law does give the Court authority to grant a person who is convicted of a first offense DUI/DWI in Virginia to get a restricted license.

What can I do with a restricted license in Virginia?

The following are the different things a person with a restricted license for a DUI/DWI can do in Virginia:

  • Driving to and from VASAP (Alcohol Safety Action Program)
  • Driving to and from work
  • Driving during work hours if it is necessary for your job. (You will have to show proof that you are driving for work purposes if you are stopped during your working hours.
  • Driving to and from school
  • Driving to and from medical treatment
  • Driving to and from the daycare if you have children.
  • Driving to and from the other parent’s house if you have court ordered visitation.

What does the implied consent test mean?

By Virginia law, if you drive or operate a motor vehicle upon the public highways of Virginia, you have automatically agreed to take a chemical test by virtue of you getting behind the wheel. The test is mandatory, not optional. Failure to take the test will result in your license being immediately suspended for seven days. You will also be charged with refusal to take a breath test. If you are convicted of a refusal in Virginia, then you will lose your license for one year and you are not eligible for a restricted license. That means no driving, no matter what.

If I am under the age 21, can I still be charged and convicted of a DUI in Virginia, even if my BAC was not a .08?

If you convicted of a Virginia DUI/DWI and you are under 21, your BAC will determine what the penalty will be. If your BAC 0.02 or higher but less than 0.08, you can be fined up to $500 and have your driver’s license suspended for six months. To learn more, please read about the DUI/DWI laws and underage possession of alcohol in Virginia. However, if your BAC is .08 or higher, then your penalties will be the same as a driver over 21.

I have a CDL and I operate a commercial vehicle. Are the laws in Virginia different for those who have a CDL?

A number of our clients are commercial vehicle drivers such as truck drivers, heavy equipment operators, etc who have been charged with a Virginia DUI/DWI. Therefore, we recognize that some of our clients are faced with the daunting prospect of loosing their job if they are convicted of a Virginia DUI/DWI. The Virginia DUI laws regarding a Virginia DUI/DWI for those who possess a CDL is that there is a mandatory loss of the CDL if your BAC is.04 or higher at the time of the person operating a commercial motor vehicle. The Virginia DUI law is even more severe if the commercial vehicle operator was transporting hazardous materials at the time of the stop by the police officer. This will cause the person possessing the CDL to lose their license for three years. Again, a refusal of a blood or breath test in Virginia will result in a one year loss of the person’s CDL.

Lastly, a lot of our clients ask us what will a conviction in Virginia for a DUI/DWI do to their automobile insurance rates?

If you are convicted of a DUI/DWI in Virginia, your insurance rates will definitely go up. Car insurance companies require those who have been convicted of a DUI/DWI in Virginia to get a special type of high risk insurance called an SR-22. This is a very expensive insurance policy. If you do not get this insurance policy, your insurance company will most likely drop your insured status. If you are stopped and the officer finds out you do not have car insurance, then you will be charged with a separate offense.

What if I am convicted of DUI/DWI related injury in Virginia?

If you are convicted of a DUI/DWI and another person was hurt as a result of you driving under the influence, the penalties are significantly higher. You are strongly urged to consult with a Virginia DUI/DWI defense lawyer.

To learn more about the laws pertaining to DUI/DWI/OUI laws in Maryland, please click on the state.

Why do I need a SRIS, P.C. Virginia lawyer?

The media often makes it seem as if a DUI or DWI charge in Virginia are no-win situations. Because of this, many people unwittingly face a criminal system armed with unlimited resources to convict violators. However, the Virginia DUI – DWI lawyers of SRIS, P.C. have proven time and time again, it IS possible to defend drunk driving (DUI) charges AND to avoid DUI convictions.

The Virginia attorneys of SRIS, P.C. can advise you as to whether you were stopped without proper authority, subjected to fallible sobriety tests, or arrested because of inaccurate intoxilizer readings. Unfortunately, none of this matters if you do not consult a SRIS, P.C. Virginia defense attorney to challenge the prosecutor’s case.

DUI offenses in Virginia result in six points on your driving record and stay on your record for eleven (11) years with the exception of the underage DUI which stays on your record for three (3) years. The following are the different driving under the under the influence offenses in Virginia:

  • Driving while intoxicated – (DWI)
  • Driving under the influence of alcohol or drugs – (DUI)
  • Driving under the influence of drugs – (DUID)
  • Driving after illegally consuming alcohol (persons under age 21) – Baby DUI
  • Driving while intoxicated – maiming – (DWI)
  • Involuntary manslaughter/alcohol
  • Refusing blood/breath test
  • Driving while your license is suspended or revoked for driving while intoxicated (DOS/DWI)
  • Driving while your license is revoked for driving while intoxicated – maiming
  • Driving while your license is revoked for driving while intoxicated – involuntary manslaughter

We have Virginia attorneys and client meeting locations in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach but our Virginia lawyers provide legal representation to clients charged with DUI/DWI all throughout Virginia.

Our Virginia lawyers and staff speak various languages, including English, Tamil, Spanish, Arabic, French, Hindi, Cantonese, Mandarin, and Telugu.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Underage Possession Alcohol Virginia DUI Laws Penalties

Virginia DUI Laws: Underage Possession Laws & Penalties

  • Equal Penalties
  • Zero Tolerance for Under 21
  • Persons to Whom Alcoholic Beverage May Not Be Sold
  • Underage Possession of Alcohol
  • Purchase Alcohol for Underage Persons
  • Drinking/Possessing Alcohol on School Grounds
  • Misrepresentation of Age
Underage Possession Alcohol Virginia DUI Laws
Underage Possession Alcohol Virginia DUI Laws

VIRGINIA IS TOUGH – on underage drinkers driving under the influence of alcohol or drugs and underage possession of alcohol. Another term for underage possession of alcohol is (MIP- Minor In Possession Of Alcohol)

Now more than ever, Virginia school officials and college campus police are enforcing the law on underage possession of alcohol (MIP- Minor In Possession Of Alcohol) in Virginia.

A conviction for underage possession of alcohol in Virginia (MIP- Minor In Possession Of Alcohol)

can result in any or all of the following possible consequences. Suspension from the academic institution, expulsion or disciplinary actions, etc.

Also, a conviction for underage possession in Virginia can result in car insurance rates being raised for the convicted individual. Some car insurance companies are raising the rates of car insurance as high as $5000 per year for those who are convicted of underage possession.

Please contact a Virginia lawyer of the Law Offices of SRIS, P.C. to determine what options you have if you are charged with underage possession in Virginia.

Virginia Code §18.2-266.1 – Equal Penalties

Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08% or higher in Virginia are subject to the same penalties as persons age 21 or older.

Virginia Code §18.2-266.1 – Zero Tolerance for Under 21

If your are under age 21 in Virginia, and you drive with a BAC of at least 0.02% but less than 0.08% in Virginia, you will receive a fine of up to $500 and a six-month driver’s license suspension.

Virginia Code §4.1-304 – Persons to Whom Alcoholic Beverage May Not Be Sold

If you sell alcoholic beverages to a person under age 21 in Virginia, you are subject to a fine up to $2,500 and 12 months in jail.

Virginia Code §4.1-305 – Underage Possession of Alcohol

If you are under age 21 and you are in possession of an alcoholic beverage in Virginia, you face a fine of up to $2,500 and 12 months in jail.

Virginia Code §4.1-306 – Purchase Alcohol for Underage Persons

If you purchase alcoholic beverages for a person you know to be under age 21 in Virginia, you face a fine of up to $2,500 and 12 months in jail.

Virginia Code §4.1-309 – Drinking/Possessing Alcohol on School Grounds

Drinking or possessing alcoholic beverages on public school grounds in Virginia can result in a fine of up to $1000 and six months in jail.

Virginia Code §4.1-305B – Misrepresentation of Age

If you are under age 21 in Virginia and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to purchase alcoholic beverages you will:

  • be fined at least $500 but not over $2,500
  • be required to perform at least 50 hours of community service
  • face up to 12 months in jail, and
  • be subject to suspension of your driver’s license for up to 12 months

The Virginia attorneys and SRIS, P.C. client meeting locations are located in Fairfax, Lynchburg, Manassas, Richmond, Fredericksburg and Virginia Beach but our sphere of activity is statewide. We handle underage DUI charges in Virginia and underage possession of alcohol charges ((MIP- Minor In Possession Of Alcohol) in Virginia

Our Virginia DUI lawyers & Virginia DWI attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Reckless Driving Speeding Virginia Penalty CDL 20 Speed Limit Out State Driver

VIRGINIA RECKLESS DRIVING QUESTIONS?

Answers By Virginia Attorneys of SRIS, P.C. who defend reckless driving tickets in Virginia

The Law Offices of SRIS, P.C. attorneys who defend Virginia reckless driving cases receive hundred of questions a year regarding reckless driving in Virginia from their clients.

Reckless Driving Speeding Virginia
Reckless Driving Speeding Virginia

The following are a compilation of some of the most commonly asked questions the Virginia attorneys of SRIS, P.C. receive each year from clients who are charged with reckless driving in VA. The attorneys who have taken the time to compile these questions and answer them are experienced at defending Virginia reckless driving charges by virtue of their training and years of handling reckless driving cases in Virginia in the different state and federal courts throughout Virginia. The seven attorneys who have compiled these questions and answers are from the Fairfax, Lynchburg, Fredericksburg, Manassas, Richmond & Virginia Beach client meeting locations of SRIS, P.C.

1) I was only going 20 miles per hour over the speed limit and I was charged with reckless driving in Virginia. I did not drive recklessly nor did I endanger anybody and there was almost nobody on the road, so why was I charged with reckless driving?

The simple answer is that any person in Virginia who is driving and speeding in excess of 20 miles per hour over the posted speed limit can be charged with reckless driving. However, some officers who stop people for going 20 mile per hour over the posted speed limit may not charge that person with reckless driving in Virginia. Also, any person who is driving in excess of eighty (80) miles per hour may also be charged with reckless driving in Virginia.

2) Will a reckless driving conviction in Virginia cause me to lose my security clearance?

The honest answer is probably not. However, depending on the type of job, this may affect whether you receive further security clearances. The safest answer is for you to talk with your HR department or your supervisor as to whether a conviction for reckless driving in Virginia will affect your security clearance. Of course, if one of our VA reckless driving defense lawyers is able to knock the VA reckless driving charge to a lesser traffic charge, then you probably don’t have to worry about talking to your job about the VA reckless driving charge.

As a side note, the VA attorneys of SRIS, P.C. are extremely cognizant that a large number of our clients work for the government or private businesses that require security clearances. Therefore, when they talk with their clients who have been charged with reckless driving in Virginia, they take the time to learn more about each client to determine if a security clearance is going to be an issue that they will have to deal with in court.

3) Reckless Driving – Penalties In Virginia?

A VA Reckless driving conviction will result in being convicted of a class 1 misdemeanor pursuant to Virginia Code Section 18.2-11. The maximum statutory penalty for a class one misdemeanor is twelve (12) months in jail, six months suspension of your Virginia driver’s license or six months plus a fine of $2,500.

If you are an out of state driver and you are convicted of reckless driving in Virginia, your privilege to drive in Virginia will be suspended for up to six months. Additionally, the Virginia Division of Motor Vehicles (DMV) will be notified by the Court of your license being suspended in Virginia and DMV in turn will most likely report your license suspension to the state that you are licensed in. This may cause you a problem because most states that issue a driver’s license to operate a motor vehicle will honor notice of suspensions from other states and suspend the driving privileges of the driver in that state as well.

Also, a significant portion of our clients are out of state professional truck drivers who have a commercial driver license (CDL) to worry about and have a hard time making it to court to defend a reckless driving charge in Virginia. We work closely with our clients who have CDL to protect by trying to go to court without them when possible and defend them against a reckless driving charge.

Note: What was stated earlier was the maximum penalty. Rarely is the maximum penalty imposed in every conviction of reckless driving in Virginia. Some courts in Virginia are known to be harsher than other courts in Virginia. Some examples of courts that are known for their tough sentences are Fairfax County VA Courts, Falls Church City VA Court, Arlington County VA Courts, Fairfax City VA Court and the City of Virginia Beach Courts. For example, the rule of thumb in the Fairfax County VA Courts & Fairfax City VA Court is that if you are charged with reckless driving at a speed in excess of 80 mph, you will lose your license. If you are charged with reckless driving at a speed in excess of 90 miles per hour, you will lose your liberty.

4) Is there any way a reckless driving charge in Virginia may be lowered to a lesser charge or can it be beaten outright?

Certain courts may permit a person charged with reckless driving charge in Virginia to attend what is commonly known as traffic school and upon completion of the course, have the VA reckless driving charged lowered to a lesser charge and in some cases even completely dismissed (Although this is pretty rare.) Some of the most commonly requested items the attorneys of SRIS, P.C. ask their clients for is a written version of the incident shortly prior to the being charged and everything that occurred while the officer was charging the client with reckless driving and a copy of the clients driving record.

Frequently, the Virginia police officer or Virginia state trooper who stops an out of state client in Virginia will not get the driving record for that out of state driver. The driving record is critical because if the client has an excellent driving record, then the attorneys of SRIS, P.C. will have an additional factor to try and plea bargain the VA reckless driving charge to a lesser charge.

If the plea bargaining is successful, the prosecutor may agree to reduce the reckless driving charge to a lesser charge. However, the judge has to still approve the deal struck by the prosecutor and the lawyer. Most judges will approve the deal, but there is no requirement the judge has to take the deal.

If a plea bargain is not possible because some prosecutors will not plea bargain on reckless driving based on speed, then trial is the only option. The law in Virginia requires the officer who wrote the ticket to follow a series of steps to prove that they charged the right person with reckless driving. Some of the factors, the Virginia attorneys of SRIS, P.C. look at when defending a client charged with reckless driving by speed in Virginia is whether the police officer used:

  • Radar
  • Lidar
  • Vascar
  • Pace

The Virginia attorneys of SRIS, P.C. will also determine whether the officer’s calibration is current and thus can be used to charge a client with reckless driving by speed in Virginia.

Also, if you believe your speed was caused by the speedometer not functioning properly, then you owe it to yourself to have your speedometer calibrated. If you are able to prove that your speedometer was not working properly at the time you were charged with reckless driving in Virginia and you did know it was not working properly, then this may assist in your defense.

5) Since the Virginia attorneys of SRIS, P.C. represent clients who are frequently from out of state, they are asked by the client whether they have to drive all the way up from North Carolina, Florida, California, New York, etc. even though they are being represented by counsel.

The answer the Virginia lawyers of SRIS, P.C. give their clients is that by law, you have promised to show up in court by virtue of signing the Virginia uniform summons for reckless driving. However, it is not uncommon for the Virginia attorneys of SRIS, P.C. to represent out of state drivers without the client being present. Whether this can be facilitated is greatly dependent on the jurisdiction in which you received the Virginia reckless driving charge. One of the biggest factors to take into consideration is whether there is a real threat of being jailed. As stated previously, speeds in excess of 90 mph may result in incarceration. Some Virginia judges may go so far as issuing a bench warrant for the client who does not show up.

6) What can I do if I am convicted of Reckless Driving in Virginia & get a horrible penalty in the Juvenile District Court of Virginia or General District Court of Virginia?

If you have been convicted of a reckless driving in Virginia in the lower courts, you have an automatic right of appeal to the Circuit Court of that jurisdiction. After you file an appeal, you can have the matter set for a bench trial or a jury trial. Depending on the facts of your case, we will advise you as to what you should consider doing. If you elect to have a jury trial in Circuit Court, you will be judged by a jury of your peers. This may seem like you have a very good chance of not getting a harsh penalty or even possible getting the case dismissed but remember, if the jury does not like you for some reason, then they can give you the maximum penalty.

7) Can I be charged with reckless driving in Virginia for simply being in a fender bender accident?

Yes, even a simple fender bender accident can result in being charged with reckless driving in Virginia. Again, please remember that a charge of reckless driving in Virginia can be challenged in Court.

8) Definition of Reckless Driving in Virginia

The Virginia Courts define reckless driving in Virginia as an operation of a motor vehicle in such a manner that endangers life, limb or property.

RECKLESS DRIVING in Virginia will result in points and can be any of the following:

  • Driving a vehicle which that is not under control or has faulty brakes.
  • Passing a vehicle on a curve or on the crest of hill where the driver’s view is obstructed.
  • Driving with the driver’s view obstructed or control impaired.
  • Driving two abreast in a single lane.
  • Passing another vehicle at a railroad grade crossing.
  • Passing a school bus while discharging children.
  • Failing to give proper signals.
  • Driving too fast for highway and traffic conditions.
  • Failing to yield the right-of-way.
  • Racing.
  • Speeding recklessly.

If you have been charged with reckless driving in Virginia, contact the Law Offices of SRIS, P.C. to get the representation you deserve. You can come see us in Northern Virginia in Fairfax and Manassas; in Fredericksburg & Richmond , if you have been charged with a reckless driving offense in Central Virginia; in Virginia Beach, if you received a reckless driving offense in the Hampton Roads/Tidewater Area; in Lynchburg, if you have been charged with reckless driving in any of the counties in Western Virginia.

You can call us at the following numbers:

Fairfax and Manassas – 703-278-0405
Richmond – 804-201-9009
Virginia Beach -757-512-2002
Lynchburg – 888-437-7747

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Underage Drinking Penalties Contribution Minor Virginia

UNDERAGE DRINKING DEFENSE IN VIRGINIA

The legal drinking age is 21 in Virginia. If a person under the age of 21 consumes or purchases alcohol, they will be subject to criminal sanctions. Virginia takes underage drinking very seriously. To learn more about the laws that pertain to underage drinking and the penalties associated with underage drinking, contact the defense lawyers of SRIS, P.C. Our defense lawyers have experience in representing clients who are charged with underage drinking in Virginia. A conviction for underage drinking can have not only serious criminal implications, but may also have serious financial and long term consequences.

Underage Drinking Penalties Contribution Minor Virginia
Underage Drinking Penalties Contribution Minor Virginia

DO NOT TAKE AN UNDERAGE DRINKING CHARGE LIGHTLY. Contact an experienced defense lawyer in Virginia.

Note to anyone 21 years of age or older – If you buy alcohol for a person under the age of 21 or host a party and let someone under the age of 18 drink, you too will face criminal charges. The most common charge for these types of violations is contribution to the delinquency of a minor. Again, this also is a very serious charge and should not be taken lightly. Judges in Virginia do not tolerate people who encourage delinquent behavior and tend to impose severe penalties.

If you wish to speak with a SRIS, P.C. defense attorney who defends underage drinking charges in Virginia, please call us at 888-437-7747.

Our Virginia lawyers who provide underage drinking defense and staff in speak the following languages in addition to English: Spanish, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Reckless Driving Ticket 46.2-852 46.2-862 Traffic Laws Speeding Juvenile Racing

VIRGINIA TRAFFIC ATTORNEYS – VIRGINIA RECKLESS DRIVING TICKET

DEFENDING CLIENTS IN ALL STATE & FEDERAL COURTS OF VA

Virginia Reckless Driving Laws Information Page

The Virginia Reckless Driving laws Information Page is sponsored by the Virginia Law Offices of SRIS, P.C. Our firm has client meeting locations in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach. We regularly defend charges of Reckless Driving in Virginia. If you wish to consult a SRIS, P.C. attorney in Virginia about your reckless driving ticket, please contact us at 888-437-7747. A Virginia lawyer from the appropriate Virginia client meeting location of SRIS, P.C. will consult with you regarding your charge of reckless driving in Virginia.

Virginia Reckless Driving Ticket 46.2-852 46.2-862 Traffic Laws
Virginia Reckless Driving Ticket 46.2-852 46.2-862 Traffic Laws

Do not take a chance with reckless driving in Virginia. Depending on the reason the officer charged you with reckless driving in Virginia, you may face actual jail time, loss of your license and a very high fine. Reckless driving in Virginia is a class one misdemeanor. The two most commonly charged reckless driving offenses in Virginia by police officers are reckless driving by speed (Virginia Code Section 46.2-862) and general reckless driving (Virginia Code Section 46.2-852). If you have been charged with reckless driving by speed (46.2-862) or general reckless driving (46.2-852), we can definitely help you. We have handled hundreds of reckless driving cases every year for our clients and achieved excellent results for our clients. When you speak with one of our attorneys who handle reckless driving cases, feel free to ask them about the outcomes they have been able to secure for their clients in state and federal courts.

The Virginia reckless driving lawyers of SRIS, P.C. also defend juveniles charged with reckless driving offense in the Juvenile & Domestic Relations District Courts of Virginia. Minors are entitled to a defense in the Juvenile and Domestic Relations District Courts of Virginia. A minor should have a lawyer defending him/her in Juvenile traffic court in order characterize the alleged offense in the best possible light. A minor is also less than likely to mount an effective attack on the officer’s lidar or radar calibration or any of the other issues that need to be addressed in the defense of a reckless driving ticket in Virginia. Parents, you can count on us to try and keep your insurance rates from skyrocketing.

Some of the Reckless Driving Statutes in Virginia:

  • Reckless driving; general rule
  • Driving vehicle which is not under control; faulty brakes
  • Passing on or at the crest of a grade or on a curve
  • Driving with driver’s view obstructed or control impaired
  • Passing two vehicles abreast
  • Driving two abreast in a single lane
  • Passing at a railroad grade crossing
  • Passing a stopped school bus; prima facie evidence
  • Failing to give proper signals
  • Driving too fast for highway and traffic conditions
  • Exceeding speed limit
  • Failure to yield right-of-way
  • Reckless driving on parking lots, etc.
  • Racing; penalty
  • Injuring persons while engaging in a race; penalties
  • Racing; aiders or abettors
  • Racing; seizure of motor vehicle
  • Reckless driving; penalties

VA Code § 46.2-852. Reckless driving Ticket; general rule

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving in Virginia.

VA Code § 46.2-853 Ticket. Driving vehicle which is not under control; faulty brakes

A person shall be guilty of reckless driving in Virginia who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

VA Code § 46.2-854 Ticket. Passing on or at the crest of a grade or on a curve

A person shall be guilty of reckless driving in Virginia who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

VA Code § 46.2-855 Ticket. Driving with driver’s view obstructed or control impaired

A person shall be guilty of reckless driving in Virginia who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.

VA Code § 46.2-856 Ticket. Passing two vehicles abreast

A person shall be guilty of reckless driving in Virginia who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.

VA Code § 46.2-857 Ticket. Driving two abreast in a single lane

A person shall be guilty of reckless driving in Virginia who drives any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. However, this section shall not apply to any validly authorized parade, motorcade, or motorcycle escort, nor shall it apply to a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped.

VA Code § 46.2-858 Ticket. Passing at a railroad grade crossing

A person shall be guilty of reckless driving in Virginia who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

VA Code § 46.2-859 Ticket. Passing a stopped school bus; prima facie evidence

A person is guilty of reckless driving in Virginia who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in§ 46.2- 1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in§ 46.2-1090 is prima facie evidence that the vehicle is a school bus.

VA Code § 46.2-860 Ticket. Failing to give proper signals

A person shall be guilty of reckless driving in Virginia who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.

VA Code § 46.2-861 Ticket. Driving too fast for highway and traffic conditions

A person shall be guilty of reckless driving in Virginia who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

VA Code § 46.2-862 Ticket. Exceeding speed limit

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

VA Code § 46.2-863 Ticket. Failure to yield right-of-way

A person shall be guilty of reckless driving in Virginia who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

VA Code § 46.2-864 Ticket. Reckless driving on parking lots, etc.

A person shall be guilty of reckless driving in Virginia who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or

2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or

3. On any highway under construction or not yet open to the public.

VA Code § 46.2-865 Ticket. Racing; penalty

Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth of Virginia or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving in Virginia, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2- 398 .

VA Code § 46.2-865.1 Ticket. Injuring persons while engaging in a race; penalties

Any person in Virginia who, while engaging in a race in violation of§ 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life, causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony. Upon conviction, the court shall suspend the driver’s license of such person for a period of not less than one year nor more than three years and shall order the surrender of the license to be disposed of in accordance with the provisions of§ 46.2- 398.

VA Code § 46.2-866 Ticket. Racing; aiders or abettors

Any person in Virginia, although not engaged in a race as defined in§ 46.2-865, who aids or abets any such race, shall be guilty of a Class 1 misdemeanor.

VA Code § 46.2-867 Ticket. Racing; seizure of motor vehicle

If the owner of a motor vehicle in Virginia (i) is convicted of racing such vehicle in a prearranged, organized, and planned speed competition in violation of§ 46.2-865, (ii) is present in the vehicle which is being operated by another in violation of§ 46.2-865, and knowingly consents to the racing, or (iii) is convicted of a violation of§ 46.2-865.1, the vehicle shall be seized and disposed of in the manner provided in§ 4.1-339 through4.1-348 for seizure and forfeiture of conveyances or vehicles used in the illegal transportation of alcoholic beverages. Such sections shall apply mutatis mutandis.

The penalties imposed by these sections are in addition to any other penalty imposed by law.

VA Code § 46.2-868. Reckless driving Ticket; penalties

A. Every person convicted of reckless driving in Virginia under the provisions of this article shall be guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving in Virginia under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator’s license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

Our Virginia Reckless Driving attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Reckless Driving Ticket VA Class 1 Misdemeanor 46.2-862 GW Parkway Fort Belvoir Federal

RECKLESS DRIVING – VA DEFENSE

Charged With Reckless Driving in VA?

Reckless Driving Defense From Our Client Meeting Locations in Fairfax, Lynchburg, Manassas, Loudoun, Fredericksburg, Richmond & Virginia Beach

The following is a discussion of some of the different ways a person who is driving in Virginia may be given a reckless driving ticket in VA. If the following scenarios seem all too familiar, take comfort in the fact that you are not the only person to ever have received a Virginia reckless driving ticket. Drivers all throughout Virginia are frequently given tickets for reckless driving in Virginia.

Reckless Driving Ticket VA
Reckless Driving Ticket VA

This isn’t a trivial offense. A Virginia reckless driving charge is a very serious moving violation. In fact, it is a class 1 misdemeanor in Virginia. You ask what a class one misdemeanor is. A Virginia class 1 misdemeanor is the highest level of misdemeanor criminal act a person can be convicted of in Virginia. The maximum statutory penalty for a Virginia class 1 misdemeanor in Virginia is up to twelve (12) months in jail, and or up to a $2500 fine. There are even more potential headaches of being convicted of a reckless driving charge in Virginia. You could lose your license for up to six months, lose your job because you were convicted of reckless driving or even lose your security clearance. You can be charged and convicted of reckless driving, even on federal property such as the George Washington Parkway commonly referred to as the GW Parkway, the military bases such as Fort Belvoir, Quantico Marine Base, federal parks, etc.

It can happen in a mere instant. Most people who are charged with reckless driving in Virginia are amazed how easily they can be charged with this offense. Perhaps you’re distracted and you are simply not paying attention to your speed. Next thing you know, you are being charged with reckless driving for traveling in excess of twenty (20) miles over the speed limit (VA Reckless Driving 46.2-862).

Who doesn’t recall going out for a drive on a beautiful sunny day with not many cars on a clear stretch of road and mistakenly traveling in excess of eighty (80) miles per hour? Suddenly you hear the sound of a siren behind you and realize you are being told to pull over. You pull over to the shoulder and the trooper walks up to your car and asks you “Do you know how fast you were going?” If you are like most people, you know you might have gone a little too fast, but you are not sure of your exact speed. Unfortunately, the police officer has clocked your speed by lidar or radar. You tell him you are sorry and ask if he could cut you a break this time. The trooper does not respond to your plea and writes you a Virginia uniform summons for driving in excess of 80 miles per hour regardless of the posted speed limit. You realize as you sign for your Virginia reckless driving ticket, you just received a ticket for reckless driving in violation of VA Reckless Driving 46.2-862. As you sit on the side of the road and look at the ticket, you realize the day is not so beautiful anymore and you now have to go to court. You cannot prepay this ticket.

Your mind is elsewhere and you inadvertently move into another car’s lane of travel causing that driver to swerve. Next thing you know, you are being pulled over for reckless driving. The state trooper charges you with violation of VA Reckless Driving Code Section 46.2-852. This violation is the catchall version of reckless driving in Virginia.

On a side road & about to get on a busy highway – you didn’t bring your car to a full stop before entering the freeway. This is a violation of the VA Reckless Driving 46.2-863.

You are in a rush to work and you pass a stopped school bus loading some children. Next thing you know, you are being stopped for passing a stopped school bus and receive a Virginia citation for reckless driving in violation of 46.2-859. You know that you are good person and that you would never intentionally pass a stopped school bus. You even have children of your own. The bad news is the police officer doesn’t care whether you are good person or not or whether you have children of your own. Neither does the judge. The bottom line is as far as the court, the cop and the prosecutor are concerned, you broke the law in Virginia regarding reckless driving.

Can you imagine being charged with reckless driving in Virginia simply because the police officer observed you spinning your wheels before you entered the main road? You know you did not intentionally spin your wheels. Why should you be blamed for the fact that the road was wet? Unfortunately, spinning your wheels before entering a main road is a potential violation of a reckless driving law in Virginia.

Remember doing doughnuts in an empty parking lot and having a police officer coming by and at worst telling you to get out of there. Unfortunately today, juveniles don’t have it so lucky and they will probably get charged with reckless driving in Virginia. For that matter, even an adult can receive a Virginia uniform summons for reckless driving in violation of VA Reckless Driving 46.2-864 for driving in a reckless manner in a parking lot, if the officer believes that the driver endangered life, limb or property.

Recently, police officers have been charging a lot of young drivers with racing. Racing in Virginia is a form of reckless driving (VA Reckless Driving 46.2-865), which carries even more serious consequences and penalties than reckless driving by speed (46.2-862). VA Reckless Driving 46.2-865 states the following shall occur in regards to the enhanced penalties if a person is convicted of racing: When any person is convicted of reckless driving for racing, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.

In Virginia, you can even be charged with reckless driving if the prosecutor can prove that you had faulty or defective brakes and this resulted in the driver not being able to maintain proper control. (VA Reckless Driving 46.2-853)

Simply driving too fast (highly subjective standard) for traffic conditions can result in being charged with reckless driving in Virginia in violation VA Reckless Driving 46.2-861.

Turn without giving the proper signal and you can be charged with reckless driving in Virginia. That means you make a left hand turn and fail to turn on your left turn blinker and lo and behold you may be charged with reckless driving in violation of VA Reckless Driving 46.2-860.

Please keep in mind, that if you are stopped by the police, each and every one of these situations can bring a charge of reckless driving in Virginia.

And according to the law, causing actual harm or damage isn’t necessary – it’s the driving behavior that counts.

Straightforward Legal Advice from a SRIS, P.C. lawyer who defends reckless driving.

If you’ve been charged with reckless driving in Virginia, we urge you to seek legal representation. At SRIS, P.C. our experienced VA reckless driving defense attorneys will give you a realistic picture of what you may face in court. We’ll be honest and upfront with you, spelling out the implications of having the case plea bargained vs. taking the matter to trial.

We will discuss some, if not all of the following issues regarding your case:

your driving record and the impact it can have on the disposition of your case.

how old or new your car is and whether you may have speedometer calibration issues,

whether you encountered a situation that was an emergency and therefore you acted instinctively

the marking on the school bus and whether the marking on the school bus meets the criteria stated in the Code

what the weather conditions were at the time of the alleged offense

whether there was some kind of physical barrier that obstructed your view of the school bus

whether the accident was actually a result of reckless driving

how did the officer measure your speed: radar, pace, lidar

can the officer prove that his equipment was properly calibrated per the code

whether you knew that your brakes were faulty or your speedometer was not working properly prior to being charged, etc.

The VA attorneys of the Law Offices of SRIS, P.C. who defend reckless driving have been very successful in negotiating plea bargains on behalf of our clients charged with reckless driving in Virginia, if we determine that the client interest’s would be best served by plea bargaining vs. taking the case to trial. However, the client is the only one who can determine what is best for them and we always defer to our clients regarding plea bargaining vs. trial.

Need to consult with one of our VA reckless driving lawyers? Please don’t hesitate to call us at (888) 437 7747, or by email or via our on line form .

In Virginia, our client meeting locations in Northern Virginia are located in Fairfax & Manassas (703) 278-0405. In Central Virginia , our client meeting locations are in Fredericksburg & Richmond (804) 201-9009 & in the Hampton Roads/Tidewater area , our client meeting locations is in Virginia Beach (757) 512-5002. Our office that serves the clients of Southwest Virginia, Shenandoah Valley, parts of Southern Piedmont & Central Virginia is our Lynchburg client meeting location. It is centrally located to better serve the clients in the western part of Virginia.

Our VA reckless driving defense lawyers and staff in Virginia, speak the following languages in addition to English: Tamil, Arabic, Spanish, Hindi, Telugu, Cantonese, Mandarin, Malaysian & French.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Immigration Lawyer Deportation Arlington Writ Mandamus H1B Visa Fiance

US IMMIGRATION – VIRGINIA LAWYERS

We Represent Clients Before the Virginia Immigration Board of Appeals, Virginia Immigration Courts in Arlington, and Federal Courts

You Only Get One Chance – Get It Right the First Time!

The Virginia attorney assist clients with United States immigration matters in Virginia. Our SRIS, P.C. lawyers assist clients with temporary visas, permanent visas deportation law, naturalization law, citizenship and asylum law issues for individuals. Our lawyers in Virginia are familiar with the wide variety of immigration concerns (legal and otherwise) that you face. To set up an appointment, give us a call anytime via our toll free phone number.

Virginia Immigration Lawyer Deportation
Virginia Immigration Lawyer Deportation

The attorneys of SRIS, P.C. who handle immigration matters have client meeting locations in Virginia:

Fairfax, Richmond, Virginia Beach, Loudoun, Prince William, Lynchburg & Fredericksburg

At SRIS, P.C., our Virginia attorneys are highly sensitive to both the legal and cultural obstacles our immigration clients face.

Our attorneys and staff at the Virginia are fluent in a variety of languages, including English, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.

For over a decade, we have represented immigration clients on immigration-related matters, delivering services in a variety of nations throughout the globe, including the United States, Malaysia, India, and countries in South America.

Helping clients before the Federal Court:

Writs of Mandamus – Habeas Corpus – Petitions for Declaratory Relief

The Virginia attorneys at SRIS, P.C, regularly file writs and appeals in order to win release for immigration clients who have been detained or seek approval of desired immigration status for applicants in the U.S. District Courts in Virginia. If your case has been delayed for one year or more, you should seriously consult with our immigration lawyers regarding filing a Writ of Mandamus complaint with the Federal Court. Federal Courts require the USCIS to explain why it has delayed approval of a case within sixty days of the complaint being filed, and often these cases are resolved within a thirty to sixty-day period. Due to the high volume of immigration applicants in the Washington D.C. Metro area, Virginia & Maryland, USCIS has been at a minimum, slow if not downright unreasonable in its delays in approving cases pending before it for approval.

Whether it is a Writ of Mandamus, a Writ of Coram Nobis or some other form of federal relief, when you meet with an US lawyer from our immigration legal team in Virginia, our lawyers will discuss your case and the appropriate legal measures to gain relief on your behalf. Our experience has been that federal agencies are more likely to comply with the law in your case if they know that attorneys with a history of successful federal litigation represent you on your immigration matter.

Deportation defense

Virginia Deportation Defense Attorneys

The Virginia attorneys of the law firm of SRIS, P.C., who assist clients with US immigration matters have track record of defending clients threatened with deportation or detention in Virginia. If you are faced with deportation and removal proceedings in Virginia, we strongly urge you to call us toll free at 888-437-7747. Do not wait to get an immigration attorney on a deportation case.

A Defense tailored for Each Client

The U.S. Immigration and Customs Enforcement (ICE) may initiate deportation proceedings for a variety of reasons. A visa holder’s criminal conviction, an unfavorable decision in an asylum application or a denial of a visa petition may cause ICE to issue a notice to appear in immigration court. Our Virginia lawyers are dedicated and experienced and will do their best to help you with your US immigration case.

If you need an experienced and qualified Virginia attorney to help you and your family live and stay in the United States, contact the SRIS, P.C. lawyers today for your US immigration case. As a rule, we make a sincere effort to respond to all phone calls within 8 hours, maximum.

Our immigration attorneys are licensed to handle cases in Virginia & D.C., however we handle immigration matters only in Virginia at the present time.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.